DYNAMIC COMPETITION AND ANTITRUST: QUICK-LOOK INFERENCES FROM THE ANALYSIS OF BIG TECH'S R&D EXPENDITURE RATIOS

Forthcoming in the Antitrust Law Journal

25 Pages Posted: 19 Feb 2024

See all articles by Jorge Padilla

Jorge Padilla

Compass Lexecon

Douglas H. Ginsburg

U.S. Court of Appeals for the District of Columbia Circuit; George Mason University - Antonin Scalia Law School

Koren W. Wong-Ervin

Jones Day; George Washington University

Date Written: July 20, 2024

Abstract

In this essay we discuss the proposition, held by many economists and legal scholars, that with dynamic competition-i.e., competition for the market through sequential winner-take-all races won through significant innovation-it is natural and not an indication of market failure for the successful firm to have a high market share for a sustained period of time. The debate today centers on whether evidence of long-held high market shares in high-technology markets implies that this proposition is flawed and innovation races fail to pose a sufficient competitive constraint such that market structure matters. We conclude this is not the case because market contestability does not require shifts in market shares (setting aside the question of whether high market shares are a result of artificially narrow market definitions). Instead, we explain that testing the dynamic competition hypothesis requires an investigation of the innovation efforts of the market leaders over time. Have they increased or decreased their R&D investments? Does their behavior indicate that entrants are in fact playing a disciplinary role on industry leaders? Interventions that ignore these questions may well reduce the market share of these leading firms, but at the expense of decreasing innovation and reducing consumer welfare.

Keywords: Antitrust, Dynamic Competition, Entry, Innovation, Monopoly, Contestability. JEL Nos: K21, K42, L40

JEL Classification: K21, l1, l2, l4, l15

Suggested Citation

Padilla, Jorge and Ginsburg, Douglas H. and Wong-Ervin, Koren, DYNAMIC COMPETITION AND ANTITRUST: QUICK-LOOK INFERENCES FROM THE ANALYSIS OF BIG TECH'S R&D EXPENDITURE RATIOS (July 20, 2024). Forthcoming in the Antitrust Law Journal, Available at SSRN: https://ssrn.com/abstract=4721216

Jorge Padilla

Compass Lexecon ( email )

Paseo de la Castellana 7
Madrid, 28046
Spain

Douglas H. Ginsburg

U.S. Court of Appeals for the District of Columbia Circuit ( email )

333 Constitution Ave NW
Room 5523
Washington, DC 20001
United States

George Mason University - Antonin Scalia Law School ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

Koren Wong-Ervin (Contact Author)

Jones Day ( email )

51 Louisiana Avenue, NW
Washington, DC 20001
United States
2028793622 (Phone)

HOME PAGE: http://www.jonesday.com/en

George Washington University ( email )

2121 I Street NW
Washington, DC 20052
United States

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